Israel's Supreme Court Faces Enforcement Crisis Over Ultra-Orthodox Draft

The Israeli government is currently in a state of crisis due to its refusal to formulate an enforcement plan for drafting ultra-Orthodox men, despite a ruling from the Supreme Court of Israel. On November 19, 2025, the Court mandated that the government create an effective enforcement plan within 45 days. However, the government failed to comply, leading to a motion for contempt of court being filed against it. The State Attorney acknowledged the government's non-compliance, confirming that it has not developed any effective plan as required by the Court. This situation has escalated beyond a mere dispute between the judiciary and the executive, presenting a significant challenge to the rule of law in Israel.

Should the Court Manage the Draft of the Ultra-Orthodox?

The Supreme Court's ruling highlighted that the exemption law for ultra-Orthodox men had expired, meaning that the Security Service Law should apply equally to all citizens. The ongoing non-enlistment of ultra-Orthodox men is now viewed as a substantial violation of the law, potentially the largest since Israel's establishment. The government’s failure to issue draft orders or to cease funding institutions in defiance of legal directives indicates a departure from accepted democratic norms.

Should the Court Manage the Draft of the Ultra-Orthodox?

As the situation remains unresolved, the Supreme Court must decide how to respond to the government's non-compliance. The Court has several options, including continuing to issue orders for the government to draft ultra-Orthodox men while supporting the Attorney General in revoking economic benefits for the ultra-Orthodox sector. This approach could minimize direct confrontation but risks rendering the Court's rulings ineffective if ignored.

Should the Court Manage the Draft of the Ultra-Orthodox?

Alternatively, the Court could initiate contempt of court proceedings against government officials, which would allow for personal fines or sanctions. However, this could provoke a direct confrontation, as officials may refuse to comply and challenge the Court's authority. Both options present significant challenges, and the Court's ability to enforce the law is at stake.

Should the Court Manage the Draft of the Ultra-Orthodox?

Historically, U.S. courts faced similar challenges during the civil rights movement when state authorities resisted Supreme Court orders to dismantle segregation. In those instances, courts took direct action to enforce compliance. The Israeli Supreme Court may find itself compelled to adopt similar measures, potentially stepping into the executive's role as a last resort. This could involve issuing strict timetables for draft notices, appointing monitors to oversee compliance, and requiring detailed progress reports from the IDF and police regarding draft evaders.

Should the Court Manage the Draft of the Ultra-Orthodox?

The current standoff between the Israeli government and the Supreme Court raises critical questions about the enforcement of the rule of law in Israel. As the Court considers its next steps, the implications of its decisions will resonate throughout the country's legal and political landscape, potentially reshaping the relationship between the judiciary and the executive branch.

Should the Court Manage the Draft of the Ultra-Orthodox?